The District Court entered its judgment on December 2, 2015. The existing Open Comments threads will continue to exist for those who do not subscribe to Independent Premium.
The most insightful comments on all subjects will be published daily in dedicated articles. Copyright Office in 1977, thus registering his copyright of the composition. Rush’s first album sounds a lot like Led Zeppelin—who copied Robert Johnson, among others. To revisit this article, visit My Profile, then View saved stories. You can also choose to be emailed when someone replies to your comment. To suggest that this verdict will encourage better songwriting is to misunderstand the history of the arts. Thank you, next.
Thicke sued for pre-emptive copyright protection, but the family won their case in 2015. Then there was another music industry expert who testified about valuations for using portions of older music compositions in “new compositions.” This expert’s job was to let the jury know how much the infringement cost the plaintiff, and how much the defendants profited from using this music without permission. So, in effect, the amount of its damages award is reduced by the amount the plaintiff had paid to attorneys. Rather than focussing on what Gaye’s estate actually owned, the trial became a referendum on Thicke’s character. 'Blurred Lines' copyright suit ends: Robin Thicke, Pharrell Williams to pay $5 million By Nick Romano December 13, 2018 at 11:28 AM EST Offers may be subject to change without notice.
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The dissenting judge also took a potshot at her colleagues’ expertise by saying that such court-appointed experts may be “useful in situations where court has little musical expertise.” (This is a tough one to swallow since judges need to make themselves experts in all sorts of things in order to understand and decide a case.
performing at a pre-Grammy gala last year. They decided that it was the 1909 Copyright Act, not its replacement Copyright Act in 1976.
[39] Despite these and other setbacks that resulted from the court’s failure to extend protection to the recording, the jury ultimately found for the heirs, awarding them a total of $7.4 million. Our journalists will try to respond by joining the threads when they can to create a true meeting of independent Premium.
Please continue to respect all commenters and create constructive debates. The judge felt so strongly about it that she said this: "The majority allows the Gayes to accomplish what no one has before: copyright a musical style" …"'Blurred Lines' and 'Got to Give It Up' are not objectively similar. That is why “Blurred Lines” sounds very much like a Marvin Gaye song. A legal contest over alleged copyright infringement in Robin Thicke’s “Blurred Lines” became a referendum on the singer’s character. Finally, let us go back to the dissent. The existing Open Comments threads will continue to exist for those who do not subscribe to Independent Premium. But, given that the copyright covers only the notes and Pharell did not borrow any note sequences, the judge was legally obliged to throw out the case. We have a five star system, which allows greater fact finding, use of experts and a general preference to allow the facts to come out, than any other system in the world -- so much so that actually litigating these matters is a momentous undertaking. Use of this site constitutes acceptance of our User Agreement (updated 1/1/20) and Privacy Policy and Cookie Statement (updated 1/1/20) and Your California Privacy Rights. Create a commenting name to join the debate, There are no Independent Premium comments yet - be the first to add your thoughts, There are no comments yet - be the first to add your thoughts. Want to bookmark your favourite articles and stories to read or reference later? It disagreed with comments by one of the judges in the case, Jacqueline Nguyen, who said in a fierce criticism that the two tracks “differed in melody, harmony and rhythm” and added the ruling “strikes a devastating blow to future musicians and composers everywhere”. ‘Blurred Lines’ Copyright Suit Against Robin Thicke, Pharrell Ends in $5M Judgment Legal saga with Marvin Gaye’s family concludes with final judgment So battle number one, before a note has been played, is to tussle with formalities. You may opt-out by. You can find our Community Guidelines in full here. "Blurred Lines" peaked at number one in 25 countries, including the United Kingdom, Australia, Republic of Ireland, France, Germany, Austria, Italy, Luxembourg, Switzerland, Poland, Canada, New Zealand and the United States, becoming Thicke's highest charting song in all of these countries. I'm so f***in' grateful for my ex.”, Misheard lyric: "Bacon, eggs. The decision is a great lesson on the often complicated and always expensive world of intellectual property litigation, sung to the tune of “an ounce of prevention.”, See related story: What Really Happened In Court Over 'Blurred Lines': Robin Thicke and Pharrell vs.... [+] Marvin Gaye?
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So this court has to decide how the 1909 Copyright Act impacted copyrights protected in the 60s, and allegedly copied in the current decade. The suit began in 2013 when Gaye’s family claimed “Blurred Lines” copied “Got to Give It Up,” Gaye’s 1977 hit song. The court awarded the Gayes $3,188,527.50 in actual damages, profits of $1,768,191.88 against Thicke, and $357,630.96 against Williams and More Water from Nazareth Publishing, and a running royalty of 50% of future songwriter and publishing revenues received by Williams, Thicke, and Harris. Want an ad-free experience?Subscribe to Independent Premium. The musical composition to “Blurred Lines” is co-owned by Thicke, Williams, and Clifford “TI” Harris. These copyrights are separate. Gaye is widely revered, while Thicke, throughout the trial, came across as enormously unappealing. He said the verdict and ruling on 21 March “encourages today’s writers to create original work that does not take advantage of the success of others while pawning it off as their own”. The ruling against Thicke was a mistake, and it should, and likely will, be reversed on appeal. It is up to the trial court. “They differ in melody, harmony and rhythm. There are hundreds of other examples.
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